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(영문) 서울남부지방법원 2019.08.16 2018가합1804
입주자대표회의회장선거무효확인청구의 소
Text

1. It is confirmed that the election of the president of the council of occupants' representatives held by the defendant on December 18, 2017 is invalid.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party) is the owner of Gangseo-gu Seoul Metropolitan Government C Apartment (B apartment; hereinafter “instant apartment”). D

B. Article 16(1) of the Management Rules of the apartment of this case provides that ten representatives of the apartment of this case (Era, Fra, Gra, Hra, and I, each two representatives of Era, Frain, Gra, and I) shall be appointed in proportion to the number of households of each person.

C. On November 23, 2017, the Defendant held the election of representatives by Dong (hereinafter “Dong Representative”) constituting a new council of occupants’ representatives (hereinafter “first election”). At the above election, two persons, including Era, Gra, and Ira, and seven persons, including Hra, were elected, respectively, and the number of two persons, including Hra, were decided to hold a run-off vote for the candidates of Hra joint 2. D. The election was held on November 27, 2017 (hereinafter “second representative election”). K was additionally elected from HRa’s voting to Hra representative.

Accordingly, on November 28, 2017, the apartment election commission of this case publicly announced that the elected representative was decided.

E. As above, the Dong representatives elected the chairman by holding the Defendant meeting on December 4, 2017.

At the above meeting, L and M were elected as the candidate for the Chairperson, but they did not equally elect the Chairperson in the same manner three votes.

F. On December 18, 2017, the Defendant held a meeting again to hold a reelection (hereinafter “instant meeting”).

L in this case did not open and participate in the meeting, and M was elected as the defendant chairperson as a full-time member of all the participants who participated in the meeting.

In the above conference, N was also elected as defendant auditor.

G. The main contents of the relevant statutes, the instant apartment management rules, and the election management regulations are as follows.

The Multi-Family Housing Management Act.

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